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ousting someone who has encroached over our property

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Arresto Menor
Hi. I am Melissa Banias, I am new here in this forum. I just want to consult regarding our case. In August 2012, my husband and I bought an NHA property from Mr. A (anonymous) for 250,000.00. Mr. A told us that the said property has an encroachment of part of the house of the neighbouring lot owner Mr. B (anonymous). So we just paid Mr. A the amount of 200,000 and the remaining balance of 50,000 will be paid if the encroachment has already been cleared. Mr. A executed contract to sell and waiver of rights in favour to both of us (my husband and I). The said property is still in the name of Mr. A in NHA’s record. However, Mr. A issued a Special Power of Attorney to both of us (my husband and I) to transact business with NHA. We want Mr. B to clear the encroachment so we brought the case to Brgy. Level for settlement but Mr. B doesn’t want to give way. He doesn’t want to clear the encroachment because according to him, he already lived there before we bought the property. I just want to ask if there’s a way for my husband and I to eject Mr. B and clear the encroachment over our property? Thank you and more power.

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